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India is the best place to do business in, and we talk about new businesses. It is important to protect your brand or product into the market. Therefore, it is important to protect your brand from being misused, Trademark registration fulfills this requirement as it gives protection to your brand or products and it helps third parties to wrongfully use it. Trademark registry gives protection to each distinctive brand name with logo in their respective Trademark class.
Trademark Law in India is governed by Trade Marks Act, 1999 along with the Trademark Rules, 2017. Trademark is a distinctive sign or symbol that an individual, a company or an organization uses on its products to distinguish their goods and services for those of others.
A good Trademark must be unique and distinct and it should be similar or close to the already registered mark. If it is similar to the already registered mark, then the court is the one which decides upon the use, strength and Popularity of the Trademark. This is how you can stop a third party or another party to illegally use your Trademark.
A Trademark can be registered online as well as offline. However, online filing of an application is beneficial as 10% discount could be availed on the same.
Trademark is registered for the term of 10 years and after that renewal of the same is required. The Application for renewal (Form TM-R) along with the renewal fee can be made prior to the date on which renewal falls due.
Once the Application for Trademark is submitted the Applicant can use ™ symbol over its brand name or logo, and once it gets registered ® symbol could be used over its brand name or logo or products.
Yes, agents or attorneys who are applying the Trademark Registration on behalf of the owner of the trademark require Power of attorney stamped under the stamp Act, 1899. However, this legislation is not required. Since the introduction of the new e-filing portal. The Power of Attorney must be submitted at the time of filing of the application.
Following information and documentation is required to be submitted in a trademark registration application-
1.The applicant’s name and address
2.He state or country of incorporation
3.A description of the trademark
4.A representation of the trademark
5.A list of the relevant goods or services
6.The power of attorney
7.The dates of first use- if used if claimed, an affidavit of use and documentary evidence must be filed electronically.
8.A statement of intention of use
9.The official filing fee
10.A priority claim and documents, where priority of an earlier application is claimed and if the applicant is not domiciled in this jurisdiction, a local service address must be provided.
It is governed by Rule 26 of the Trademark Rules, 2017 and states as “Every application for the registration of a trademark, shall contain a clear and legible representation of the trademark of size not exceeding 8cm x 8cm. Where an application contains a statement to the effect that the applicant wishes to claim combination of colours as a distinctive feature of the trademark, the application shall be accompanied with the reproduction of the mark in that combination of colours.”
Yes, Multi class applications are allowed in India along with the requisite fees.
Yes,The Trademark Applications could be filed electronically, which enables the online filing of trademarks, including the entry of the details set out the above and the uploading of relevant documents.
Further details regarding filing of the trademark application could be obtained and accessed on Indian Trademark Registry’s website.
Under the current Trademarks Rule of Trademarks Registry, the official fee for e-filing a trademark application is 10% lower than the fee for physical filing.
Rule 10 and 11 of the Trademarks Rules govern the filing of trademark applications in India. The forms along with its requisite fees for filing them are set out under schedule 1.
When a person who has applied for a trademark in convention country applies to register a Trademark in India within six months of the date on which the application is made in the convention country, if accepted, the registration of the Indian trademark will be backdated on the date on which the application was made in the convention country.
Although Trademark search is not mandatory before filing of the Trademark Registration. However, it is advisable to conduct trademark search before filing as it lowers the chances of Trademark Registry to raise objections. Trademark searches could easily be done on its website of both word and Device marks.
Trademark Classes of Goods-
Class 1- Any kind of chemicals that are used in industries, science, or photography, even chemicals used in agriculture, horticulture and forestry, also adhesive used in industry, unprocessed plastics and chemical substances.
Class 2- Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, mordants and colorants.
Class 3- Substance used in dry cleaning, laundry, also chemicals used for cleaning purposes and also includes cosmetic products.
Class 4- All industrial greases and oils, lubricants, wetting or binding compositions, al fuel and candle wicks.
Class 5- All medical preparations or pharmaceutical products for both humans and animals. It includes ayurvedic preparations also, baby food, disinfectants, dressing materials etc.
Class 6- Common metals and alloys, any material used for metal building, pipes and tubes and other small metal hardware.
Class 7- Machines and their tools, thermo power plants, motor engines and agricultural machines.
Class 8- Hand tools, cutlery, razors and side arms.
Class 9- It includes all electronic products including all wires and cables, all mobile accessories, and instruments used for cinematography, cash registers, calculating machines and fire extinguishing apparatus.
Class 10- Any kind of medical apparatus including surgical, dental, and veterinary instruments and apparatus, artificial limbs or eyes or teeth; orthopedic articles also included.
Class 11- Any lighting, steam generated apparatus, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply appliances.
Class 12- Vehicles and apparatus for locomotion.
Class 13- Fireworks, Explosives, firearms and ammunition.
Class 14- Any precious metals and its alloy and any goods made of that precious metal or even coated with jewellery, ornaments and precious stones; watches, and also chronometric instruments.
Class 15- Any musical instruments.
Class 16- Any kind of stationary, Paint brushes, office requisites, teaching material, printing blocks and plastic materials for packaging.
Class 17- Rubber, mica, gutta-percha, asbestos, gums and any goods made from these, packing, insulating and stopping materials.
Class 18- Leather and any king of imitation thereof. Includes bags made of aimal skin and otherwise thereof.
Class 19- non-metallic building materials, non-metallic rigid pipes used for building materials, monuments no of metal etc.
Class 20- Mirrors, furnitures, picture frames, any goods of wood, ivory, amber, shell, mother of pearl or any kind of their substitutes, also plastics given that they are not included in any other class.
Class 21- Any kind of household utensils and containers for kitchen purposes, sponges, combs and brushes, steel wool and unprocessed glass porcelain and glassware also earthenware.
Class 22- Tents, nets, strings, ropes, tarpaulins, sacks, sails, bags (which are excluded from other classes), stuffing and padding materials; raw textile materials.
Class 23- Threads and yarns.
Class 24- Textile and other goods; bed covers and table covers.
Class 25- Footwear, clothing and Headgear.
Class 26- Ribbons, embroidery, laces and braid; hooks and buttons; needles and pins; artificial flowers.
Class 27- Mats, rugs, carpets and matting, wall hangings etc which are non-textile.
Class 28- sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for the christmas tree.
Class 29- Fish, Meat, poultry, meat extracts; dries, cooked, frozen edibles, jellies, jams; eggs, milk and its products and edible oils.
Class 30- Tea, coffee, rice, sugar, Tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; hony, ices, yeast, treacles, salt, baking powder, mustard, sauces, vinegar, spices and ice.
Class 31- products from agriculture, forest and horticulture, and grains given that are not included in any other class, fresh vegetables and fruits; live animals; seeds; plants and natural flowers; food products for animals.
Class 32- Mineral and aerated water- Non-alcoholic drinks and beers; Fruit juices and drinks’ syrups and preparations for beverages.
Class 33- Alcoholic drinks excluding beer.
Class 34- Smoking articles, Tobacco and matches.
Trademark classes for Services
Class 35- Business management, advertising; business administration and other office functions.
Class 36- Financial affair, Insurance, Monetary affairs; real estate affairs.
Class 37- Repair, building construction, installation services.
Class 38- Telecommunications.
Class 39- Packaging and storage of goods; Transport.
Class 40- Treatment of Materials.
Class 41- Providing of Training, Entertainment, sporting, education and other cultural activities.
Class 42- Technological and scientific services; industria analysis and research services; development of computer hardware and software and their designing.
Class 43- Services related to providing food, drinks or temporary accommodation.
Class 44- Any kind of medical services.
Class 45- legal and securities services; personal and socials services.
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